Boy Scouts of America v. Dale, 530 U.S. 640, 42 (2000)

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Cite as: 530 U. S. 640 (2000)

Stevens, J., dissenting

will and peace in the world.' " Id., at 539. It admitted a cross section of worthy business and community leaders, id., at 540, but refused membership to women. "[T]he exclusion of women," explained the group's General Secretary, "results in an 'aspect of fellowship . . . that is enjoyed by the present male membership.' " Id., at 541. That policy also allowed the organization "to operate effectively in foreign countries with varied cultures and social mores." Ibid. Though California's Civil Rights Act, which applied to Rotary International, prohibited discrimination on the basis of sex, id., at 541-542, n. 2, the organization claimed a right to associate, including the right to select its members.

As in Jaycees, we rejected the claim, holding that "the evidence fails to demonstrate that admitting women to Rotary Clubs will affect in any significant way the existing members' ability to carry out their various purposes." 481 U. S., at 548. "To be sure," we continued, "Rotary Clubs engage in a variety of commendable service activities that are protected by the First Amendment. But [California's Civil Rights Act] does not require the clubs to abandon or alter any of these activities. It does not require them to abandon their basic goals of humanitarian service, high ethical standards in all vocations, good will, and peace. Nor does it require them to abandon their classification system or admit members who do not reflect a cross section of the community." Ibid. Finally, even if California's law worked a "slight infringement on Rotary members' right of expressive association, that infringement is justified because it serves the State's compelling interest in eliminating discrimination against women." Id., at 549.13

13 BSA urged on brief that under the New Jersey Supreme Court's reading of the State's antidiscrimination law, "Boy Scout Troops would be forced to admit girls as members" and "Girl Scout Troops would be forced to admit boys." Brief for Petitioners 37. The New Jersey Supreme Court had no occasion to address that question, and no such issue is tendered for our decision. I note, however, the State of New Jersey's obser-

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